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HomeMy WebLinkAboutPZ 1992-04-09 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 9, 1992 CALL TO ORDER The meeting was called to order by Chairman James Brock at 7:30 p.m. ROLL CALL PRESENT: Chairman Members James Brock Don Bowen Don Collins Ron Leuck Pat Marin Steve Pence Barry LeBaron David Barfield Paul Miller Wayne Moody Building Official Dir. Carom. Dev. ABSENT CONSIDERATION OF THE MINUTES OF MARCH 26, 1992 Mr. Don Bowen made the motion to approve the minutes as written. This motion was seconded by Ms. Pat Marin, and the motion carried 5-0. 1. PZ 91-27 Public Hearing to consider proposed Comprehensive Land Use Plan. Chairman Brock mentioned that there had been several meetings and workshops with Planning Resource Group over the last 17 months on this plan. He stated he appreciated everyone coming out to the hearing. He asked Dan Boutwell of PRG to briefly go over the plan. Mr. Boutwell stated that the purpose of the hearing was to receive citizen input concerning the plan. He briefly described the process that has brought the plan up to its current draft form. He stressed that the plan is not "concrete"; it is only in draft form. The purpose for the meeting was to get input from the citizens. Mr. Boutwell explained that the Comprehensive Plan is not a zoning document. It merely states that P/Z Minutes - Page 2 April 9, 1992 this is how the city would want to use its land in the future. He stated that the intense land uses did not increase in proportion from their current state. Mr. Boutwell stated that some areas in the city have been identified that would need special study. He stated that the proposed changes in the thoroughfare plan are there to complement the land use plan. Mr. Boutwell explained that the handout was a summary of the recommendations and implementation strategies found in the land use plan. Chairman Brock opened the public hearing and asked those who wish to speak to come forward. Jim Rate, 4921 Wedgeview, came forward to speak. Mr. Rate asked about a neighborhood reclamation program around Starnes, Bedford Euless Road, and Grapevine Highway. He was concerned about making the neighborhoods less of a cut-through area. Chairman Brock stated that this issue was not addressed in comprehensive plan. Mr. LeBaron stated that several workshops were held 14 months ago concerning closing off different streets. He stated that there was no clear option supported by all the residents. He stated that the Planning and Zoning Commission recommended to let the issue sit until other street improvements are considered that might realize into a plan. Mr. Rate asked how do the citizens get this kind of information to the Planning and Zoning Commission. Chairman Brock stated that at the end of each meeting, citizen comments are addressed. P/Z Minutes - Page 3 April 9, 1992 Mr. Bowen stated that after talking to different neighborhoods south of 820, the Commission would like to hear from these groups. He stated a good point of contact would be Mr. LeBaron. Ms. Olivia McNeff, 7400 Meadowview Terrace, came forward to speak. She mentioned that she had read the federal government had allocated money to extend Hightower to I-35 and create an exit. Mr. LeBaron stated that there was some discussion about North Tarrant Parkway. Ms. McNeff asked what will happen to Hightower at Eden Road, and why is it not attached to Amundson. Mr. LeBaron stated that it will be extended to Eden and dead-end. He stated it will be the same width as it is west of Smithfield Road. He stated that Eden Road is planned at a north-south collector. Ms. McNeff asked if Eden would be extended to Amundson. Mr. LeBaron stated he believed that is correct. Chairman Brock stated that the plan is not concrete; it is just a general guideline of what the city's complexion will be like in the future. It will give the Commission something to base decisions on. He stated that the Commission is making notes of all suggestions to consider them before they vote. Joe McCarthy, 5001 Strummer, came forward to speak. He stated that he read in the paper that the plan was available in the library and in the city offices, but that no one p/Z Minutes - Page 4 April 9, 1992 in either place could help him find it. He stated he asked about the Pace development and about access from Strummer Drive, but that no one could help him with that either. He stated he wanted to know where he could get that information. Chairman Brock stated that Barry LeBaron was the city staff person to contact. Mr. McCarthy stated that he had called Mr. LeBaron, but had never heard back from him. He stated that he thinks the city has good intentions, but would like to get information. Chairman Brock stated that he would make sure there was a copy of the plan at the library. Mr. LeBaron stated that Mr. McCarthy should call him or Steve Pence and they would get that information to him. He mentioned that a number of people had come in to see the plan over the last two weeks and got access to the plan. Mr. McCarthy stated he had come in two weeks ago and no one knew what it was. Chairman Brock apologized for that situation. Alice Williams, 6504 Simmons, came forward to speak. She stated her concern about the thoroughfare recommendation on Simmons. She asked if it was no longer in the plan to not access Grapevine Highway from Simmons. Mr. LeBaron stated that the original plan showed two streets extending to connect to Grapevine Highway: Simmons and Crane; but P/Z Minutes - Page 5 April 9, 1992 that the plan recommends eliminating those two and replacing it with one in the middle. Ms. Williams stated she doesn't want Simmons connecting to Grapevine Highway. Joan Duncan, 4216 Ken Michael Court, came forward to speak. She stated that her area was an area identified as one needing further study. She asked if the public will be invited to these meetings and when they were going to be held. Mr. LeBaron stated that one of Mr. Boutwell's responsibilities was to identify areas needing more study. He stated that once the plan is complete, they will follow up on those specific areas. Mr. Bowen addressed her concern over traffic on her street. He stated that Riviera Drive was never opened up to Edison Drive. He stated this is the reason Ken Michael take up so much traffic. Jim Schulien, 7833 Ember Oaks, came forward to speak. He was concerned about park land usage and asked if the 5% land usage was the Park Board recommendation. Mr. Boutwell explained that he incorporated the park plan recommendations into the land use plan, but added several others. He stated he tried to supplement the plan in other areas. Mr. Schulien asked how the 5% compares with other communities. Mr. Boutwell stated that he looked for normal percentages of park land, but that it differs from city to city and could depend upon many p/Z Minutes - Page 6 April 9, 1992 factors. Chairman Brock emphasized that Mr. Boutwell only incorporated parts of the park plan into the master plan. He stated the Commission is not the body responsible for the parks plan. Mr. Schulien stated that he didn't think the city was devoting enough resources to parks, but he does appreciate the linear park concepts that are being proposed. He stated he was also concerned about people running and playing in the streets. He stated that there ought to be places in the city where people can to this safely. Mary Day, 7509 Chapman, came forward to speak. She asked about the Holiday Lane extension between Hightower and Chapman. She was concerned that Holiday Lane will ruin her property if it were extended. Mr. Boutwell stated that to carry Holiday Lane northward, it has to transition over and the transition would go through her property. He stated that this is not in the master plan, but is shown in the thoroughfare plan. He emphasized that the thoroughfare plan does not show the exact alignment of the roads. Jim Kohler, 6308 Shirley Drive, came forward to speak. Mr. Kohler stated that he was delighted that the plan shows residential behind his house. He asked where Amundson Road will connect to Watauga Road. He also asked whether Pearl will open up on to Amundson. Mr. Boutwell explained that the master plan doesn't go into that level of detail, but that there are P/Z Minutes - Page 7 April 9, 1992 thoroughfare recommendations that deserve a more in-depth look. Myrtis Byrd, 7312 Hialeah Circle W, came forward to speak. She asked if Eden Road is going to be a collector road. Mr. Boutwell stated that it would be a minor collector serving only a neighborhood purpose. Ms. Byrd stated that Eden Road has too much traffic and that it is backed up in the morning. Mr. Boutwell stated that as thoroughfares develop, other arterials will open up and relieve problems such as this. Ms. Byrd asked about the commercial land use shown in the Strummer Drive area. Mr. Boutwell emphasized that the plan is not a zoning map, but it does show that the area has been identified as an area of future commercial growth. He stated that there is also a proposed five acre park in the same area. Chairman Brock stated that the Commission is not taking action on the plan tonight. He thanked the citizens for coming out and giving their input. He pointed out that at each meeting there is time for citizens to give their input and invited those with specific ideas and concerns to make their views known. Chairman Brock stated that the Commission will take the responses from the citizens and get with Mr. Boutwell and the staff and incorporate changes into the plan. He stated the Commission will readdress the plan in two weeks and p/Z Minutes - Page 8 April 9, 1992 make a recommendation to the City Council. Mr. LeBaron stated to those who have tried to find copies of the plan at the library and city hall, staff will double their efforts to make sure everyone knows where the documents are so everyone will have access to them. 2. PS 91-31 Consider Final Plat Steeple Ridge, Phase II. This property is located west of Davis Boulevard and north of Shady Grove Road. Dick Perkins, of Teague, NaIl, and Perkins, came forward to speak. He stated that they have agreed to all engineering comments. Mr. Bowen made the motion to approve PS 91-31 subject to all staff and engineering comments. Mr. Leuck seconded, and the motion carried 5-0. 3. PS 92-07 Consider Final Plat of Orange Valley Addition Block 2. Mr. LeBaron stated that the owner's representative should have been here. He stated that the two lot subdivision was on Douglas Lane and that there was a house on one of the lots. He stated that the engineer has responded and agreed to all comments and that the staff recommends approval subject to engineering and staff comments. Mr. Leuck made the motion to approve PS 92-07 subject to all engineering comments. Ms. Marin seconded the motion, and the motion carried 5-0. 4. PZ 91-25 Consider amendment to Zoning Ordinance #1080 regarding R-8 Zoning District. P/Z Minutes - Page 9 April 9, 1992 Chairman Brock opened the public hearing and invited those who wished to speak to come forward. Bill Pasteur, 1900 Trailwood, Euless, came forward to speak. He stated the he, along with Sandlin, have developed the Century Oaks Addition through Quadrangle Development. He stated he did not know the R-8 moratorium was in effect, and just found out there was an effort to revise the ordinance. He stated he purchased property and had it rezoned R-8 because he thought it would help the development come to fruition. He stated that he has developed a few phases of the subdivision. He stated the Commission approved a plat for 36 lots several years ago, and also approved a preliminary plat of 56 lots of about 70 x 100 feet in size. He stated he thought there was a good chance of marketing lots this size. He stated that he had 12 R-8 lots fully developed. He stated that he has 14 acres of additional property zoned R-8 but did not know what the future market would be like. Mr. Pasteur stated that the Commission wanted side yards on his plat so he incorporated them into deed restrictions. He asked the Commission not to consider the recommendation of rezoning R-8 lots to R-2 while he was in the middle of his project. He state the lots are under contract to builders to construct R-8 homes, and rezoning could negate those contracts. Mr. Pasteur stated he doesn't find that changing the zoning to R-2 will enhance the situation. He stated that he is currently trying p/Z Minutes - Page 10 April 9, 1992 to put together development commitments on the 56 lots. Mr. Pasteur stated that he currently has the right to build 1200 square foot homes. He stated that if the recommendations were passed, it would take away his right to build R-8 homes, to not build with side yards, to build in the middle of the lot, and to build zero lot line homes without making it a planned development. He stated that if approved, there would be no more R-8 zoning. Chairman Brock stated that the intent was to come up with true R-8 zoning. He stated the problem came up when people tried to build R-3 into R-8. Mr. Pasteur asked the Commission not to change his approved zoning in the middle of his project because of the problems it would create. Chairman Brock stated the Commission will not vote on R-2 tonight; it will looks at changing the ordinance concerning R-8. Mr. Pasteur asked the Commission not to pass a recommendation to the Council. He stated it would seem arbitrary to take action and asked the Commission to grandfather his property and zoning to protect the project he was trying to realize. Chairman Brock stated the Commission does not have the power to grandfather, but that Mr. Pasteur could seek a variance. Mr. LeBaron stated it would be arbitrary to exempt Mr. Pasteur's property from rule changes, but that it doesn't prevent him from applying for a variance. p/Z Minutes - Page 11 April 9, 1992 Mr. Pasteur stated that rezoning to R-2 would take away his option to build a 1750 square foot home. Chairman Brock asked Mr. Pasteur if it was square footage that he was concerned with. He stated that a stipulation can be placed on minimum square footage. Chairman Brock stated he doesn't want to penalize anyone, but it would be arbitrary to grandfather the property. Mr. LeBaron stated the only difference in R-2 zoning and the deed restrictions is one foot in side yard requirements. He stated that the Board of Adjustment could deal with a one foot variance on a side yard. Mr. Pasteur asked if he would have to get a variance to build homes of less than 1800 square feet. Chairman Brock stated no, the Commission can take care of that. Mr. Pasteur stated that if the recommendations passed he would lose a number of options currently available and would have to meet the planned development requirements that he doesn't currently have to meet. Chairman Brock stated that the intent was to prevent R-3 homes from being built in R-8 zoning. Mr. Pasteur asked why that would not be an upgrading of the R-8. Chairman Brock stated that if the city is going to have an R-8 zone, let's build R-8; if it's something different, call it that. He stated that if Mr. Pasteur wanted to build R-3, zone it R-3 and not R-8. p/Z Minutes - Page 12 April 9/ 1992 Mr. Pasteur stated that right now he had the option to go either way. If the recommendation passed, he would lose the option. Chairman Brock stated that he could still go either way. He stated for Mr. Pasteur to decide and come before the Commission and zone it one way or the other. Mr. Pasteur asked if the four recommendations are passed, what will the zoning of his property be. Mr. LeBaron stated that the unplatted property would fall under the new R-8 regulations. He stated the purpose is to give the public the best protection through zoning by separating mixed products within a zone. Mr. Leuck stated that the deed restrictions could be broken. He stated the Commission has no handle on what the market will be like ten year from now, and he wants to keep the neighbors from fighting each other. Mr. Pasteur stated that if the recommendations are passed he would lose all rights pertaining to zoning that he currently has. Chairman Brock stated that the original intent was to establish a true R-8 zone. Mr. Leuck asked what size lots were on the preliminary plat. Mr. Pasteur stated about 71 x 100 feet. He stated all were under contract at the present time. Mr. Leuck asked what the developers were saying about its potential. Mr. Pasteur stated that there was p/z Minutes - Page 13 April 9, 1992 some interest in R-8 homes as starter homes. Mr. Leuck stated that it was possible for a zero lot line home to be built next to a non-zero lot line. Mr. Pasteur stated that the deed restrictions on side and rear entry garages would prevent this. Chairman Brock asked for others wishing to speak to come forward. There being none, he closed the public hearing. Chairman Brock asked if they could postpone action to give Mr. LeBaron time to work with Mr. Pasteur and the associated problems. Mr. LeBaron stated that the moratorium will expire on April 27. He stated that if action were delayed, the Council would be faced with extending the moratorium. Chairman Brock stated that if this goes to Council, they will hear the same arguments and send it back to the Commission to work with. Mr. Leuck asked if it could be sent to Council with stipulations of lot size for the 12 properties Mr. Pasteur is worried about. He stated he would like to see it go to Council and get a decision made. He stated that if the market is demanding this type of house, they should proceed with that. Chairman Brock stated that the motion could incorporate the problem with square footage so the Council could take that into consideration to relieve undue hardship on existing developments. Mr. Bowen made the motion to p/Z Minutes - Page 14 April 9, 1992 recommend the amendment to the City Council with the addition that they look at Mr. Pasteur's situation to see if this can be resolved in some manner. Mr. Leuck seconded, and the motion carried 5-0. 5. PS 90-30 Consider recommendation regarding masonry screening wall regulations. Chairman Brock stated that on September 26, 1991, the Commission approved a recommendation to the Council concerning the subdivision regulations to require masonry screening walls. He stated the Council took action with some amendments to the original ordinance. He stated the Commission is resubmitting this, and is asking the Council to reconsider the original amendment the way it is written dealing with the C4U streets as opposed to the M4U streets. Mr. Collins made the motion to resubmit the previous ordinance, changing it back from M4U to C4U, that was dated September 26, 1991. Mr. Bowen seconded the motion, and the motion carried 5-0. STAFF REPORT None. CITIZEN COMMENTS Diane Gorens, residing on Kendra Lane, came forward to speak. She asked about the status of Bursey Road improvements and asked what is happening with North Tarrant Parkway. Mr. LeBaron stated that plan and specs are nearing completion on Bursey Road, and suggested she check with Greg Dickens for more information. He stated that North Tarrant Parkway was at a standstill. He stated there are no concrete plans at this time, but there have been preliminary P/Z Minutes - Page 15 April 9, 1992 discussions for extending it along Wilson Lane. He stated there are no plans to widen it at this time. Chairman Brock closed by saying that Wanda Calvert, a 14 year employee of the City, is retiring. He said she will be greatly missed and she had a hard pair of shoes to fill. ADJOURNMENT There being no further business, the meeting was adjourned. ~æ&~~ S~cretary Don Bowen